Glossary
"Colorblind" Constitution
The judicial philosophy that the U.S. Constitution should be interpreted to prohibit any consideration of race by the government, treating all individuals the same regardless of their racial background.
Example:
Proponents of a "colorblind" Constitution argue that government policies should never distinguish between individuals based on race, even if the intent is to remedy past discrimination.
Affirmative action
Policies and programs designed to increase opportunities for historically underrepresented groups in education and employment.
Example:
A university might implement an affirmative action policy to consider an applicant's background and experiences, alongside academic merit, to create a more diverse student body.
Brown v. Board of Education (1954)
A landmark Supreme Court case that ruled state-sponsored segregation in public schools was unconstitutional, overturning the 'separate but equal' doctrine.
Example:
Brown v. Board of Education was a pivotal moment in the Civil Rights Movement, leading to the desegregation of schools across the United States.
Diversity
The presence of a wide range of human qualities and attributes within a group, including race, ethnicity, gender, socioeconomic status, and thought.
Example:
A college aims for diversity in its incoming class, believing that a mix of students from different backgrounds enriches the learning environment for everyone.
Equal Protection Clause
A provision of the 14th Amendment that prohibits states from denying any person within their jurisdiction the equal protection of the laws.
Example:
The Equal Protection Clause was central to the Supreme Court's decision in Brown v. Board of Education, which outlawed segregation in public schools.
Equal opportunity
The principle that everyone should have the same chances to succeed, regardless of their background, race, gender, or other characteristics.
Example:
A company committed to equal opportunity ensures that all job applicants are evaluated based on their qualifications and skills, not on their personal attributes.
Gratz v. Bollinger (2003)
A Supreme Court case that struck down the University of Michigan's undergraduate admissions policy, which automatically awarded points to minority applicants, deeming it too rigid and not narrowly tailored.
Example:
Unlike Grutter, the Gratz v. Bollinger ruling found that the university's mechanical point system for minority applicants was unconstitutional because it was not individualized enough.
Grutter v. Bollinger (2003)
A Supreme Court case that upheld the University of Michigan Law School's affirmative action policy, ruling that race could be a factor in admissions if used in a narrowly tailored way to achieve diversity.
Example:
The Grutter v. Bollinger decision affirmed that a holistic review process, where race is one of many factors, is permissible to achieve educational diversity.
Historically underrepresented groups
Categories of people who have faced systemic discrimination and barriers to equal opportunity in the past, such as women and racial minorities.
Example:
Scholarships specifically for students from historically underrepresented groups aim to address past inequalities and encourage their participation in higher education.
Legal challenges
Court cases brought to dispute the legality or constitutionality of a law, policy, or action.
Example:
Affirmative action policies have faced numerous legal challenges in federal courts, often questioning their compliance with the Equal Protection Clause.
Merit-based principles
The idea that individuals should be selected for positions or opportunities based solely on their qualifications, skills, and achievements.
Example:
Many argue that college admissions should strictly adhere to merit-based principles, admitting students solely based on GPA and test scores.
Narrowly tailored programs
Affirmative action policies that are carefully designed to achieve a specific, compelling government interest (like diversity) without unduly burdening individuals or creating quotas.
Example:
For an affirmative action policy to be constitutional, the Supreme Court requires it to be a narrowly tailored program, avoiding rigid point systems or set-asides.
Regents of the University of California v. Bakke (1978)
A Supreme Court case that ruled against the use of strict racial quotas in university admissions but allowed race to be considered as one of several factors.
Example:
In Regents of the University of California v. Bakke, the Court found that while the university's quota system was unconstitutional, its goal of achieving a diverse student body was legitimate.
Reverse discrimination
The argument that affirmative action policies unfairly disadvantage majority groups, such as white men, by giving preferential treatment to minorities or women.
Example:
A student might claim reverse discrimination if they believe a university's admissions policy unfairly favored a less qualified minority applicant over them.
Special consideration
Giving extra attention or weight to certain factors, such as an applicant's background or challenges overcome, in an admissions or hiring process.
Example:
During college admissions, an applicant who overcame significant financial hardship might receive special consideration to acknowledge their resilience and potential.
Supreme Court decisions
Rulings made by the highest court in the U.S. judicial system, which set legal precedents for all lower courts.
Example:
The Supreme Court decisions in Grutter and Gratz significantly shaped the legal landscape for affirmative action in college admissions.
Use of race
Considering an individual's racial or ethnic background as a factor in decisions, such as college admissions or employment.
Example:
The debate over affirmative action often centers on whether the use of race in admissions decisions is constitutional or constitutes unfair discrimination.